Dog death sparks landmark gay lawsuit

The attack was played out by lawyers in court

By Maggie Shiels In San Francisco

The death of a San Francisco lesbian who was mauled by her neighbours' dogs will make legal history in America when her partner sues the animal's owners for wrongful death in a civil action later this year.

Lacrosse coach Diane Whipple died when she was attacked by two huge Presa Canario dogs in the hallway outside her apartment in January 2001.

In response to that savage assault, California lawmakers passed legislation granting gays the same rights as married couples or family members in suing for damages.

Knoller and her partner were jailed for the attack

In the first case of its kind, this gives Ms Whipple's partner Sharon Smith the right to sue the dogs' owners Marjorie Knoller and Robert Noel for wrongful death.

Vermont and Hawaii also have a similar law, but gay advocates say it has never been tested.

The civil case was delayed pending the outcome of the criminal case which last week led to a murder conviction for Knoller and one of manslaughter for Noel.

Bitten all over

During the trial, which was moved to Los Angeles because of pre-trial publicity, the jury was told that Diane Whipple had been bitten everywhere except the top of her head and the soles of her feet.

Noel and Knoller have now returned to jail in San Francisco. They will be sentenced in May.

The National Centre for Lesbian Rights in San Francisco, one of the law firms behind Ms Smith's suit, says they are hopeful of getting a trial date for the civil action in the next couple of weeks.

The group's legal director, Shannon Minter, says this is a case everyone will be watching closely.

Heightened sensitivity

"This is the first time anywhere in the country that a judge has ever ruled that a surviving lesbian or gay partner has the right to bring a wrongful death suit, so this is very significant," he said.

Mr Minter says he believes that the events of 11 September have also added a resonance.

"Everyone has a heightened sensitivity to the danger of losing a partner, losing a family member and everyone understands that same sex couples suffer the same loss as anyone else."

Shannon Minter stresses the significance of this case

In addition to suing Knoller and Noel, Ms Smith is also suing the owners of the building where the couple lived.

If found liable, this could prompt other landlords to refuse to rent to people with big dogs.

Others fear some unscrupulous landlords may use the Noel-Knoller case as an excuse to get rid of unwanted tenants.

"If the opportunity is there where a landlord has been trying to get someone out and they have a large breed dog, I think the landlord may jump on it," claims Ted Gullicksen of the Tenants Union of San Francisco.

Animal shelters say they are also concerned that some of the hysteria surrounding the case might result in their facilities being inundated by animals with no home.

San Francisco's biggest shelter is the Animal Care and Control which is where the dogs who attacked Diane Whipple were held before being put down.

Carl Friedman says fewer people will adopt big dogs

The shelter's director, Carl Friedman says, "Even before this tragedy it was always difficult to rent a place with one or two companion dogs in this city.

"I'm afraid now there might be a backlash.

"What concerns me is if landlords stop renting to people with big dogs is that our animal shelter will get more companion animals and unfortunately we may have to kill more of these animals.

"Hopefully as time passes, people will realise you can't condemn every animal because of its size or its breed."